The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1887-08-05
VAN BAKERS TRIAL.
THE spEEonKs FOR THE pErENsr,
Col. Moore Make. "a Strong Appeal on lie.
halt Of the Accused, and Gives n Clear
lseriew OF the Testimony From, Ills
Standpoint Mr.. Cooks Speech.

half OF the Accused, and Glvss n Clear
review Of the Testimony From His
Standpoint Mr.. Cooks Speech.
New Cumberland was iull Of peopl,
yesterday. Tho Court room would no! &C.
commodate one.alth Of the people who
came to hear tho digungniphed gentlemen
who were to address the jury.
Early in the morning people began t
come by buggy, on horseback and every
conveyance imaginable, and when train
time came the crowd came with a rush.
To-day will wind up the famoul
murder trial.
The people arc much excited as to
the result.
MR.. COOK PLEADING foR BAKER.
By. order OF Court made Wednesday no
person under fifteen years Of age was ad.
mitted to the Court house, and yet before
0 O'Clock there was not even standing
room.
Promptly ats o'clock Mr.. Cook com.
menced his address for the prisoner.
Never, he said, has any nan been so ma.
ligned as has been this man-suspected Of
crime, a warrant prepared and then
screwing out Of him something before the
Coroner's jury that might tend to convict
him. Who was ever bounded as he has
been? Blamed with playing poker In
S~teubenville, the State fails to bring before
this Jury the parties to prove 1t, while
Baker proves fully where he was, and in
what be was engaged at the time he was
charged with poker playing. Who Is
Baker? A gentleman brought up in a
Christian home, q brother preaching the
everlasting gospel. He stands here say
ing he Ia not guilty, and he is presumed
to be innocent until his guilt is fully
proven. From all the evidence, Ia not the
best you can say, as to who did the crime,
II don't know"
In accordance with the grand old com.
mon law, better that ninety.nins guilty
persons escape than that one innocent
person should suffer.
ANOTHER DRAMATIC SCENE.
Here another daughter OF Bakers, a miss
of about II years, came into the bar, and
another scene was enacted similar to the
recent ono when his daughter came into
court.
Mr.. Cook, speaking OF a reasonable
doubt, quoted the language OF a learned
judge, "rhat If any one juryman should
entertain q reasonable doubt as to the guilt
Of the prisoner, the jury should acquit
him" don't claim that as correct law,
but l do claim that one juryman having
this reasonable doubt should not consent
10 q verdict that will conaign this prisoner
to punishment.
Mr.. Cook read largely from the law up.
on the subject Of circumstantial evidence,
and enforced upon the Jury the danger OF
following such evidence too far. Where's
the evidence that points inevitably to
Baker, and shuts out every reasonable
hypothesis that another might have done
1t !? asked Mr.. Cook.
H BLOOD THEORY.
The State brings DR.. McKown from
Pittsburgh aa an expert, 8 gentleman who
parts bis hair in the middle, and they
prove blood upon the collar and the
pants. We call DR.. Rseyes, of Wheeling,
the Vice-PresideDt OF the National Micro
scopic Society, and he says there is no
blood on either. The State says the MUIR
der was committed before Mrs. Sxearin-
gen came there. We say Baker and his
wife wero in tho orchard. Gardner swea.s
he saw Baker and his wife and one or
two men in the orchard about 2 o'clock,
Sam Rslston Gays he saw Baker and his
wife and two men in the orchard about
the Sans time. Mrs. Swesringen and Mrs,
Brown start from home at about2} o'clock,
were at the McWha HOUSE within ten
minutes, where they stayed twenty min
utes. Now where is the evidence to hang
Baker? II l was for the State ! would be-
afraid to hang tho prisoner on such evi.
dence. Money, honor, nothing could
tempt me to make such conviction.
The Keaggy boy said he saw Mrs.
Baker alive at 6 O'Clock. Samuel Ralston
says he saw her alive at 5 o'clock. ALL
yes, but Ralston can't be believed Cant
her Why did not the State put on the
stand some Of his neighbors to prove that
he could not be believed ? Had you done
80 we would have proven to the contrary.
by a host OF his neighbors.
Sam Ralston is corroborated by tho little
boy Keaggy and by Thomas Gardner
and yet you would hang Baker notwith-
standing this positive evidence? Oh, no.
But there are silent witnesses in this
case. The dry water spots on the porch
seen by Gilmore. Who made them ?
They were made the night before, after
the rain, by whom, God only knows. I
do not.
When Mrs. Swesringen and Mrs. Brown
were there at 3 ?. Y. on Monday, there
was no paper over the yeast on the porch.
When Mrs. McCIoud saw 1t next morning
there was a newspaper over it. Who put
it there? Why, Mrs. Baker, when the
rain came mp at 4 O'Clock on Monday
evening. a
Then the top was taken of the cistern,
Who took it oil? Why Mrs. Baker, that
the rain at 4 o'clock on Monday evening,
might flow into the ciatern. Gentlemen,
these Silent Witnesses testify that Bakers
lite may be saved.
" SUSPICIOUS MEN
These men were seen on Monday even.
ing IN the orchard, running across Lees
field. They did not 90 to their bed at II
o'clock at night. Seen by tho engineer
on the railroad as suspicious characters at
- o'clock the came night. What were
they doing3 More than q man com.
mitted this murder. No one man ever
did this deed.
COOKS CLOSING REMARKS.
Mr.. Cook in conclusion said: Such,
gentlemen OF the jury, is the direct testi.
mony offered by the defendant in anHwer
to this stuff offered by the State, sought
to be dignided by the name OF circum.
stantial evidence and which in my judg.
ment must secure the acquittal Of tho de.
fendaut. II BY your verdict you do erect
q acatold for him, remember when the
trap is sprung and the deep "thnd" heard
as his body drops from the scafiold and
tho spirit sent into eternity, that the first
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